93 Decision Citation: BVA 93-11770
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-11 134 ) DATE
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THE ISSUE
Entitlement to special monthly pension based on the need for
regular aid and attendance or housebound benefits.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
M. W. Greenstreet, Counsel
INTRODUCTION
The veteran had active military service from June 1944 to
February 1946.
The veteran has appealed from a February 1992 decision by
the Department of Veterans Affairs (VA) Regional Office (RO)
in St. Petersburg, Florida. The RO received the veteran's
notice of disagreement in April 1992; it issued the
statement of the case in May 1992, and it received the
veteran's substantive appeal in June 1992. The case was
received and docketed at the Board of Veterans' Appeals
(Board) in July 1992.
In October 1992, the veteran's representative, the Disabled
American Veterans, presented an informal hearing
presentation.
CONTENTIONS OF APPELLANT ON APPEAL
The appellant contends that his disabilities are so
debilitating that he is entitled to special monthly pension
based on his need for regular aid and attendance or
housebound status. It is asserted that his disabilities
include congestive heart failure, severe arthritis of both
knees, and a respiratory disorder. The veteran contends
that he is unable to walk more than 50 feet and that he
relies upon the help of others for doing such things as
buying his groceries.
DECISION OF THE BOARD
In accordance with 38 U.S.C.A. § 7104 (West 1991), the Board
has considered all of the evidence in the veteran's claims
file and concludes for the following reasons and bases that
he is not entitled to special monthly pension based on the
need for regular aid and attendance, but that he is entitled
to special monthly pension based on housebound status.
FINDINGS OF FACT
1. The impairment resulting from the veteran's disabilities
does not prevent him from caring for his daily personal
needs without assistance from others.
2. The veteran's hypertensive heart disease produces
definite signs of congestive heart failure.
3. The veteran is substantially confined to his home or
immediate premises as the result of his disabilities.
CONCLUSIONS OF LAW
1. The veteran is not so helpless as to require the regular
aid and attendance of another person. 38 U.S.C.A.
§§ 1502(b), 1521(d), 5107(a) (West 1991); 38 C.F.R.
§§ 3.351, 3.352(a) (1992).
2. The veteran meets the requirements for entitlement to
special monthly pension by reason of being housebound.
38 U.S.C.A. §§ 1521(e), 5107(a) (West 1991); 38 C.F.R.
§ 3.351(d), Part 4, Diagnostic Code 7007 (1992).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Initially, we find that the veteran's claim is plausible;
therefore, it is well grounded under 38 U.S.C.A. § 5107(a)
(West 1991). We are satisfied that the RO has properly
developed the evidence and that there is no need to remand
this case.
In order to qualify for special monthly pension benefits
based on the need for regular aid and attendance, the
veteran must show that he is disabled and that he is in need
of regular aid and attendance in carrying out the normal
functions of his everyday life. In this case, the evidence
shows that the veteran was hospitalized in 1987 and 1989
primarily for treatment of myocardial infarctions. His
disabilities include hypertensive heart disease with
congestive heart failure, hypertension and chronic
obstructive pulmonary disease. On VA examination in January
1992, the examiner noted that the veteran walked with a cane
in his right hand and that he experienced shortness of
breath; however, he stated that the veteran was able to feed
and clothe himself, and to shave and attend to the wants of
nature. The examiner also stated that the veteran could
"take care of himself." While the veteran's disorders limit
his activities, it is clear that he is not nearly so
helpless as to require the regular personal assistance of
another in caring for his daily personal needs or in
protecting himself from the hazards and dangers of daily
living. Accordingly, he is not entitled to special monthly
pension based on the need for regular aid and attendance.
As to whether the veteran is so disabled as to be
permanently housebound, he stated at the January 1992
examination that he was unable to walk more than 50 feet or
climb one flight of stairs without experiencing shortness of
breath. The examiner also concluded that he could not walk
without the assistance of another person for more than 50
feet. Clinically, it was noted that the veteran had severe
arthritis of the knees and probably chronic obstructive
pulmonary disease. After resolving all reasonable doubt in
his favor, we find that the limitations caused by the
veteran's disabilities essentially confine him to his home.
His hypertensive heart disease is manifested by chronic
congestive heart failure and so warrants a 100 percent
rating under Diagnostic Code 7007; therefore, he meets the
criteria for special monthly pension based on housebound
status.
ORDER
Entitlement to special monthly pension based on the need for
regular aid and attendance is denied.
Entitlement to special monthly pension based on housebound
status is granted, subject to the regulations governing the
effective date of awards.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
WARREN W. RICE, JR. ROBERT D. PHILIPP
FRANCIS F. TALBOT
(CONTINUED ON NEXT PAGE)
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting
less than the complete benefit, or benefits, sought on
appeal is appealable to the United States Court of Veterans
Appeals within 120 days from the date of mailing of notice
of the decision, provided that a Notice of Disagreement
concerning an issue which was before the Board was filed
with the agency of original jurisdiction on or after
November 18, 1988. Veterans' Judicial Review Act, Pub. L.
No. 100-687, § 402 (1988). The date which appears on the
face of this decision constitutes the date of mailing and
the copy of this decision which you have received is your
notice of the action taken on your appeal by the Board of
Veterans' Appeals.